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(영문) 서울북부지방법원 2018.10.25 2018노951

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one million won in penalty) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. There are no circumstances to consider the circumstances, such as the defendant's recognition of the instant crime itself, as to the reasons for appeal.

However, the nature of the crime of this case, which repeats the same act over several times, is not good, and even if the sentences, etc. are not physically damaged, considering the degree of harm to the aesthetic view and the displeasure of the victims, etc., the result of the crime is also somewhat weak.

It is difficult to see it.

In addition, even if examining various sentencing conditions on the arguments of this case, such as the defendant's age, sexual conduct, environment, economic situation, motive for the crime (in addition, it is unclear whether the victims have taken food as alleged by the defendant), circumstances after the crime, and the mental health condition of the defendant, etc., the punishment of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.